Current through Register Vol. 54, No.43, October 26, 2024
Section 111.21 - Content and form(a) A request for supersedeas shall be filed as a separate petition from the appeal and be accompanied by the following:(1) A copy of the decision and order of the judge or order and opinion of the Board from which the supersedeas is requested.(2) A short statement setting forth reasons and bases for the request for supersedeas.(3) A specific statement as to the issues of law, if any, involved in the underlying appeal.(4) Information on the current employment status of the claimant, if known.(5) The court, if any, to which an appeal from the Board decision has been taken.(6) Other relevant information for the Board's consideration in determining whether the supersedeas request meets the following standards:(i) The petitioner makes a strong showing that it is likely to prevail on the merits.(ii) The petitioner shows that, without the requested relief, it will suffer irreparable injury.(iii) The issuance of a stay will not substantially harm other interested parties in the proceeding.(iv) The issuance of a stay will not adversely affect the public interest.(7) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service), insofar as applicable.(b) Requests for supersedeas shall be served on all parties.(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.1, 35.2, 35.17, 35.190 and 35.225.The provisions of this §111.21 adopted January 1, 1970; reserved November 6, 1981, effective 11/7/1981, 11 Pa.B. 4015; amended April 7, 1989, effective 4/8/1989, 19 Pa.B. 1631; amended December 6, 2002, effective 12/7/2002, 32 Pa.B. 6043; amended December 19, 2014, effective 12/20/2014, 44 Pa.B. 7837.The provisions of this §111.21 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers' Compensation Act (77 P.S. §§ 710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P.S. § 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P.S. § 1514).
This section cited in 34 Pa. Code § 111.11 (relating to content and form).